Law:

Section:

Industrial Relations Ordinance (XXIII of 1969)­ --- S. 25-A-West Pakistan Water and Power Development Authority Act (XXXI of 1958), S. 17 (I-B)-Jurisdiction of Labour Court qua WAPDA employees-Assistant Lineman though a workman under Workmen's Compensation Act, 1923 covered by definition of "Civil Servant" in S. 17 (1-B) of West Pakistan Water and Power Development Authority Act, 1958 - Not within jurisdiction of Labour Court. 1983 P L C 895 ; 1983 S C M R 663 and 1984 P L C 592 rel. 1978 P L C 330 and 1982 P L C 1025 and 1982 P L C 1069 ref. Amanullah Qureshi for Applicant. Abdul Hameed Khan for Respondents. ORDER The applicant was employed as Assistant Lineman in the respondent establishment. He was appointed on 3 months probation which he is said to have completed satisfactorily. However, on 13th November, 1984 i.e. after more than 3 months of his appointment, the applicant was termi­nated on the ground that his work was not found satisfactory. Aggrieved by this unilateral action, and considering this in violation of S. O. 15(4), he served a grievance notice, dated 5th January, 1985 and then instituted the present petition. The main grievance of the applicant is that though he is covered by the Labour Laws including Standing Orders Ordinance and though he had completed the 3 months' probationary period successfully, still his services were terminated without adopting the mandatory legal provision and so the impugned order is quite -illegal and unwarranted. 2. The respondent in its reply statement, pleaded that the applicant was appointed on 26th July, 1984 on a probation of one year. He absented himself from duty from 1st September, 1983 to 13th November, 1984 and so he was terminated on account of misconduct. It has also been pleaded that this Court has no jurisdiction because according to section 17(1-B) of WAPDA Act of 1958, Labour Laws are not applicable to the WAPDA, establishment and further that its employees are Civil Servants, besides this, the services of WAPDA employees are governed by Essential Services Act of 1952. 3. The applicant only appeared as witness in support of his case, while the respondent did not tender any evidence and based its…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492